COMMONWEALTH PENNSYLVANIA v. DAVID ROBINSON (01/22/85)

Appeal No. 1250 Pittsburgh 1982 from the Judgment of Sentence of September 30, 1982 in the Court of Common Pleas of Allegheny County, Criminal Division, at No. 8203666A; McGregor, Judge.

COUNSEL

John H. Corbett, Jr., Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellee.

Popovich, Watkins and Lipez, JJ.

Author: Per Curiam

[ 342 Pa. Super. Page 368]

OPINION

Judgment of sentence is vacated and the case remanded to the lower court to determine whether the failure to file Post-trial motions was the result of an intelligent waiver or whether it was due to counsel's negligence despite appellant's request that he file them.

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